Copyright infringement?

[freezing]

Hi David Jenson -

I’m the author of the app Axis & Allies Combat Simulator on the Apple app store. Just today I received a notice that the app was infringing on their intellectual property.

I was wondering if you’ve had this problem before? Seems like your website would fall under the same category. Any ideas?

[Imperious Leader]

That’s Apple. They want to control everything

[freezing]

Actually - I should clarify. I received it from Apple who received it from some Hasbro counsel.

_On 10/18/2012, we received a notice from Hasbro, Inc. that Hasbro, Inc. believes the app listed below infringes their intellectual property rights. In particular, Hasbro, Inc. believes you are infringing their copyright, trademark and app name. Please see their comments below.

A. Developer: David Skelly
Provider: David Skelly
App Title: Axis & Allies Combat Simulator
Apple ID: 329680627

Comments from Complainant: We are counsel for Hasbro, Inc. and Wizards of the Coast LLC, the owner and exclusive licensee of the AXIS & ALLIES game.  This developer’s unauthorized use of the AXIS & ALLIES mark and the copyrighted rules infringes these companies’ rights._

[Crowninshield]

It’s a revenue thing.  Though I don’t know this for sure, it’s reasonable to assume that this site generates very little revenue through it’s featured advertisements and the only other cash flow in is through donations.  The app at the app-store on the other hand has the potential to to rake in beau-coup bucks if it catches on.  Also, this site links to purchase options for products created by Hasbro thereby driving business toward Hasbro as opposed to the app which has the potential to take business away (why buy the board game if you can play it on your iPhone/iPad).  Perhaps you should look into selling your app to Hasbro so you can get paid some real money and they get your app without having to do the R&D themselves.

[Veqryn]

change all the art, and the name

you can not use their trademarks (the name)

you can not use their art (the copyright)

you can however, make a battle simulator for such an abstract idea as rolling dice for different units to determine results for a generic dice rolling game

this can not be copyrighted

the rules of how to play a game, can not be copyrighted either

[djensen]

The damage might already be done but you could attempt to contact Wizards of the Coast (not Hasbro because WotC handles all of the A&A stuff) and ask for a license to use the Axis & Allies brand. They might charge you for or they may not.

Since it’s just a simulator, it’s not competing against any of their products so as long as it meets their quality standards, they might do it.

[Field marshall]

I did some research on the subject when I released the AAM card dbase (http://www.tintirinti.com/search_AAM.aspx) almost a year ago. I found to field the card database we could not charge a fee or sell advertizing and it had to promote the game. So I would say the issue is that apps are bought rather than downloaded for free. Had it been free there would be no issue.

As Dave said, you will have to contact them and give them a piece of the action to get a licence.

Ober

[freezing]

@Crowninshield:

(why buy the board game if you can play it on your iPhone/iPad)

Well the app is just a numbers cruncher. It doesn’t play the game at all.

@Veqryn:

change all the art, and the name

I only use my own artwork. The name, yea.

As Dave said, you will have to contact them and give them a piece of the action to get a licence.

I think I’m going to try to avoid that route. I mean, I think of similar situations like - if you manufacture phone covers you wouldn’t need to get a license to make it fit the iphone right? But maybe you can’t call it iPhone Cover, but something like Phone Cover and then just say it fits the iphone.

[djensen]

I heard that the guy who wrote the Axis & Allies Miniature book licensed it for free while it was being published. You may not even need to pay. One of the many reasons why they send those cease and desist notices is to protect their copyright. If they don’t actively defend it, then they lose it but if you use their copyright material with permission then they are still protecting their copyright.

At some point in the mid 2000s I got a notice from Wizards/Hasbro to put a notice at the bottom of my pages that Axis & Allies is a registered trademark of Hasbro. That’s all they wanted from me.

I highly encourage you to work with Hasbro to get permission to use the Axis & Allies name otherwise it is going to be difficult to find your app in the app store.

@freezing:

@Crowninshield:

(why buy the board game if you can play it on your iPhone/iPad)

Well the app is just a numbers cruncher. It doesn’t play the game at all.

@Veqryn:

change all the art, and the name

I only use my own artwork. The name, yea.

As Dave said, you will have to contact them and give them a piece of the action to get a licence.

I think I’m going to try to avoid that route. I mean, I think of similar situations like - if you manufacture phone covers you wouldn’t need to get a license to make it fit the iphone right? But maybe you can’t call it iPhone Cover, but something like Phone Cover and then just say it fits the iphone.

[Gargantua]

Yea,

David’s got this right.  Pick up the phone, and get Hasbro’s counsel on it.

Get em talking and explain that you’re trying to supplement/support them as oppossed to take from them.  If you’re nice enough, you just might have some luck!

[axis_roll]

look at Gargantua giving tips on playing nice!  :mrgreen:

[Gargantua]

LOL,

It’s only because I spend all my negative energies here!